BILL NUMBER: AB 1094	CHAPTERED  09/29/00

	CHAPTER   899
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Hertzberg
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Cedillo,
Firebaugh, Havice, Keeley, Kuehl, Mazzoni, Migden, Romero, Scott,
Shelley, Steinberg, Thomson, and Washington)
   (Coauthors:  Senators Bowen, Hayden, Solis, and Vasconcellos)

                        FEBRUARY 25, 1999

   An act to amend Sections 2035, 2102, 2107, 2119, 2154, 2155, 2187,
9094, 13303, and 13306 of, and to repeal and add Section 13300 of,
the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1094, Hertzberg.  Voter registration.
   Under existing law, a person duly registered as a voter in any
precinct in California who moves from the district within 28 days
prior to an election shall, for the purpose of that election, be
entitled to vote in the precinct from which the person moved until
the close of the polls on the date of that election.
   This bill would change that period to 14 days.
   Under existing law, a person may not be registered as a voter
except by affidavit of registration.  Existing law requires that the
affidavit be mailed or delivered to the county elections official.
Existing law provides that a properly executed registration is deemed
effective upon receipt of the affidavit by the county elections
official no later than the 29th day prior to an election, unless
specified circumstances apply.
   This bill would provide for a 15-day period instead of a 29-day
period relative to receipt of an affidavit of registration and would
also make other technical changes to this provision.
   Under existing law, generally, the county elections official is
required to accept affidavits of registration at all times except
during the 28 days immediately preceding any election.
   This bill would provide for a 14-day period instead of a 28-day
period.
   Under existing law, the county elections official or his or her
deputy is required accept an affidavit of registration executed as
part of a voter registration card in the forthcoming election if the
affidavit is executed on or before the 29th day prior to the
election, under specified conditions.
   This bill would provide for a 15-day period instead of a 29-day
period.
   Under existing law, in lieu of executing a new affidavit of
registration for a change of address within the county, the county
elections official is required to accept a notice or letter of the
change of address signed by a voter as he or she is registered for a
forthcoming election and is required to change the address on the
voter's affidavit of registration if the notification is executed on
or before the 29th day prior to the election under specified
conditions.
   This bill would provide for either a 14-day period or a 15-day
period, determined by method of delivery, instead of a 29-day period.

   Under existing laws, if a county elections official receives an
affidavit of registration that does not include portions of the
information for which space is provided, the county elections
official or registrar of voters is required to apply a rebuttable
presumption that if no execution date is shown, the affidavit was
executed on or before the 29th day prior to the election, provided
that (1) the affidavit is received by the county elections official
on or before the 29th day prior to the election, (2) the affidavit is
received by mail by the county elections official no later than the
fourth day after the 29th day prior to the election, or (3) the
affidavit is postmarked on or before the 29th day prior to the
election and received by mail by the county elections official.
   This bill would provide for a 15-day period instead of a 29-day
period.
   Under existing law, upon receipt of a properly executed affidavit
of registration or address correction notice or letter, as specified,
the county elections official is required to send the voter a voter
notification by nonforwardable, first-class mail, address correction
requested that informs the voter, among other things, that the voter
may vote in any election held 29 or more days after the date shown on
the reverse side of the notification.
   This bill would provide for a 15-day period instead of a 29-day
period.
   Existing law requires each county elections official to send to
the Secretary of State, in a format described by the Secretary of
State, a summary statement of the number of voters in the county with
specified information.  Existing law requires each county that uses
data processing equipment to store the information set forth in the
affidavit of registration to send to the Secretary of State one copy
of the magnetic tape file with the information requested by the
Secretary of State and each county that does not use data processing
storage to send to the Secretary of State one copy of the index
setting forth that information. Existing law requires the summary
statements and the magnetic tape file copy or the index to be sent
not less than 10 days prior to the primary election, with respect to
voters registered before the 28th day prior to the primary election
and not less than 10 days prior to the general election, with respect
to voters registered before the 28th day prior to the general
election.
   This bill would provide for seven-day and 14-day time periods
instead of 10-day and 29-day periods.
   Existing law requires the Secretary of State to mail ballot
pamphlets to voters, in those instances in which the county clerk
uses data processing equipment to store the information set forth in
the affidavits of registration, before the election at which measures
contained in the ballot pamphlet are to be voted on.
   This bill would provide that this requirement applies unless a
voter has registered fewer than 29 days before the election.
   Proposition 198, an initiative statute approved by the voters at
the March 26, 1996, direct primary election, among other things,
required each county elections official to prepare sample ballots for
each voter entitled to vote at the primary and to mail these ballots
not more than 40 nor less than 10 days before the election.  On June
26, 2000, the United States Supreme Court in California Democratic
Party v. Jones, ruled the provisions of Proposition 198
unconstitutional.
   This bill would implement the court's holding by instead requiring
the sample ballot of the party to which the voter belongs, as
evidenced by his or her registration, to be mailed to each voter
entitled to vote at the primary who registered at least 29 days prior
to the election, not more than 40 nor less than 10 days before the
elections.  This bill would also require that a nonpartisan sample
ballot be mailed to each voter who is not registered as intending to
affiliate with any of the parties participating in the primary
elections.  The bill would impose a state-mandated local program by
imposing new duties on local election officials.
   Existing law requires the appropriate elections official, for each
election, to cause to be printed at least as many copies of the form
of ballot provided for use in each voting precinct as there are
voters in the precinct, designated as "sample ballot," and mailed,
postage prepaid, to each voter not more than 40 nor less than 21 days
before the election.
   This bill would require the sample ballot to be mailed to voters
who registered at least 29 days prior to the election and a notice of
the polling place with specified information to voters who
registered after the 29th day prior to the election and who is
eligible to participate in the election.
   This bill would incorporate additional provisions to Section 13300
of the Elections Code to take effect if this bill and SB 28 are both
enacted and become effective on or before January 1, 2001, and this
bill is enacted last.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2035 of the Elections Code is amended to read:

   2035.  A person duly registered as a voter in any precinct in
California who removes therefrom within 14 days prior to an election
shall, for the purpose of that election, be entitled to vote in the
precinct from which the person so removed until the close of the
polls on the date of that election.
  SEC. 2.  Section 2102 of the Elections Code is amended to read:
   2102.  (a) A person may not be registered as a voter except by
affidavit of registration.  The affidavit shall be mailed or
delivered to the county elections official and shall set forth all of
the facts required to be shown by this chapter.  A properly executed
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to an election to be held in the registrant's precinct.  A
properly executed registration shall also be deemed effective upon
receipt of the affidavit by the county elections official if any of
the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.

   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) on or before the 15th day prior to
the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) or (2) on or
before the 15th day prior to the election.
   (b) For purposes of verifying signatures on a recall, initiative,
or referendum petition or signatures on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both (a) the affidavit is signed on the same date or a
date prior to the signing of the petition or paper, and (b) the
affidavit is received by the county elections official on or before
the date on which the petition or paper is filed.
   (c) Notwithstanding any other provision of law to the contrary,
the affidavit of registration required under this chapter may not be
taken under sworn oath, but the content of the affidavit shall be
certified as to its truthfulness and correctness, under penalty of
perjury, by the signature of the affiant.
  SEC. 3.  Section 2107 of the Elections Code is amended to read:
   2107.  (a) Except as provided in subdivision (b), the county
elections official shall accept affidavits of registration at all
times except during the 14 days immediately preceding any election,
when registration shall cease for that election as to electors
residing in the territory within which the election is to be held.
Transfers of registration for an election may be made from one
precinct to another precinct in the same county at any time when
registration is in progress in the precinct to which the elector
seeks to transfer.
   (b) The county elections official shall accept an affidavit of
registration executed as part of a voter registration card in the
forthcoming election if the affidavit is executed on or before the
15th day prior to the election, and if any of the following apply:
   (1) The affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.

   (2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) prior to the election.
   (3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (2) and (3) on or
before the 15th day prior to the election.
  SEC. 4.  Section 2119 of the Elections Code is amended to read:
   2119.  (a) In lieu of executing a new affidavit of registration
for a change of address within the county the county elections
official shall accept a notice or letter of the change of address
signed by a voter as he or she is registered.
   (b) The county elections official shall accept a notification for
the forthcoming election and shall change the address on the voter's
affidavit of registration accordingly if the notification is executed
on or before the 15th day prior to the election and if any of the
following apply:
   (1) The notification is postmarked on or before the 15th day prior
to the election and received by mail by the county elections
official.
   (2) The notification is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a voter
registration agency pursuant to the National Voter Registration Act
of 1993 (42 U.S.C. Sec.  1973gg) prior to the election.
   (3) The notification is delivered to the county elections official
by means other than those described in paragraphs (2) and (3) on or
before the 14th day prior to the election.
  SEC. 5.  Section 2154 of the Elections Code is amended to read:
   2154.  In the event that the county elections official receives an
affidavit of registration that does not include portions of the
information for which space is provided, the county elections
official voters shall apply the following rebuttable presumptions:
   (a) If no middle name or initial is shown, it shall be presumed
that none exists.
   (b) If no party affiliation is shown, it shall be presumed that
the affiant has no party affiliation.
   (c) If no execution date is shown, it shall be presumed that the
affidavit was executed on or before the 15th day prior to the
election, provided that (1) the affidavit is received by the county
elections official on or before the 15th day prior to the election,
or (2) the affidavit is postmarked on or before the 15th day prior to
the election and received by mail by the county elections official.

   (d) If the affiant fails to identify his or her state of birth
within the United States, it shall be presumed that the affiant was
born in a state or territory of the United States if the birthplace
of the affiant is shown as "United States," "U.S.A.," or other
recognizable term designating the United States.
  SEC. 6.  Section 2155 of the Elections Code is amended to read:
   2155.  Upon receipt of a properly executed affidavit of
registration or address correction notice or letter pursuant to
Section 2119, Article 2 (commencing with Section 2220), or the
National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the
county elections official shall send the voter a voter notification
by nonforwardable, first-class mail, address correction requested.
The voter notification shall be substantially in the following form:

      VOTER NOTIFICATION

   You are registered to vote.  This card is being sent as a
notification of:
   1. Your recently completed affidavit of registration,
      OR,

   2. A correction to your registration because of an official notice
that you have moved.  If your residence address has not changed or
if your move is temporary, please call or write the county elections
official immediately.


     _________________________________________________________

   You may vote in any election held 15 or more days after the date
shown on the reverse side of this card.
   Your name will appear on the index kept at the polls.


     __________________________________________________________
                      (Signature of Voter)

  SEC. 7.  Section 2187 of the Elections Code is amended to read:
   2187.  (a) Each county elections official shall send to the
Secretary of State, in a format described by the Secretary of State,
a summary statement of the number of voters in the county.  The
statement shall show the total number of voters in the county, the
number registered as affiliated with each qualified political party,
the number registered in nonqualified parties, and the number who
declined to state any party affiliation.  The statement shall also
show the number of voters, by political affiliations, in each city,
supervisorial district, Assembly district, Senate district, and
congressional district, located in whole or in part within the
county.
   (b) The Secretary of State, on the basis of the statements sent by
the county elections officials and within 30 days after receiving
those statements, shall compile a statewide list showing the number
of voters, by party affiliations, in the state and in each county,
city, supervisorial district, Assembly district, Senate district, and
congressional district, in the state.  A copy of this list shall be
made available, upon request, to any elector in this state.
   (c) Each county that uses data processing equipment to store the
information set forth in the affidavit of registration shall send to
the Secretary of State one copy of the magnetic tape file with the
information requested by the Secretary of State.  Each county that
does not use data processing storage shall send to the Secretary of
State one copy of the index setting forth that information.
   (d) The summary statements and the magnetic tape file copy or the
index shall be sent at the following times:
   (1) On the 135th day before each presidential primary and before
each direct primary, with respect to voters registered on the 154th
day before the primary election.
   (2) Not less than 50 days prior to the primary election, with
respect to voters registered on the 60th day before the primary
election.
   (3) Not less than seven days prior to the primary election, with
respect to voters registered before the 14th day prior to the primary
election.
   (4) Not less than 50 days prior to the general election, with
respect to voters registered on the 60th day before the general
election.
   (5) Not less than seven days prior to the general election, with
respect to voters registered before the 14th day prior to the general
election.
   (6) On or before March 1 of each odd-numbered year, with respect
to voters registered as of February 10.
   (7) On or before October 1 of each odd-numbered year, with respect
to voters registered as of September 12.
   (e) The Secretary of State may adopt regulations prescribing the
content and format of the magnetic tape file or index referred to in
subdivision (c) and containing the registered voter information from
the affidavits of registration.
   (f) The Secretary of State may adopt regulations prescribing
additional regular reporting times, except that the total number of
reporting times in any one calendar year shall not exceed 12.
   (g) The Secretary of State shall make the information from the
magnetic tape files or the printed indexes available, under
conditions prescribed by the Secretary of State, to any candidate for
federal, state, or local office, to any committee for or against any
proposed ballot measure, to any committee for or against any
initiative or referendum measure for which legal publication is made,
and to any person for election, scholarly or political research, or
governmental purposes as determined by the Secretary of State.
  SEC. 8.  Section 9094 of the Elections Code is amended to read:
   9094.  (a) The Secretary of State shall mail ballot pamphlets to
voters, in those instances in which the county clerk uses data
processing equipment to store the information set forth in the
affidavits of registration, before the election at which measures
contained in the ballot pamphlet are to be voted on unless a voter
has registered fewer than 29 days before the election.  The mailing
shall commence not less than 40 days before the election and shall be
completed no later than 21 days before the election for those voters
who registered on or before the 60th day before the election.  The
Secretary of State shall mail one copy of the ballot pamphlet to each
registered voter at the postal address stated on the voter's
affidavit of registration, or the Secretary of State may mail only
one ballot pamphlet to two or more registered voters having the same
surname and the same postal address.
   (b) In those instances in which the county clerk does not utilize
data processing equipment to store the information set forth in the
affidavits of registration, the Secretary of State shall furnish
ballot pamphlets to the county clerk not less than 45 days before the
election at which measures contained in the ballot pamphlet are to
be voted on and the county clerk shall mail ballot pamphlets to
voters, on the same dates and in the same manner provided by
subdivision (a).
   (c) The Secretary of State shall provide for the mailing of ballot
pamphlets to voters registering after the 60th day before the
election and before the 28th day before the election, by either:  (1)
mailing in the manner as provided in subdivision (a), or (2)
requiring the county clerk to mail ballot pamphlets to those voters
registering in the county after the 60th day before the election and
before the 28th day before the election pursuant to the provisions of
this section.  The second mailing of ballot pamphlets shall be
completed no later than 10 days before the election.  The county
clerk shall mail a ballot pamphlet to any person requesting a ballot
pamphlet.  Three copies, to be supplied by the Secretary of State,
shall be kept at every polling place, while an election is in
progress, so that they may be freely consulted by the voters.
  SEC. 9.  Section 13300 of the Elections Code, as amended by Chapter
920 of the Statutes of 1994, is repealed.
  SEC. 10.  Section 13300 of the Elections Code, as amended by
Proposition 198 at the March 26, 1996, direct primary election, is
repealed.
  SEC. 11.  Section 13300 is added to the Elections Code, to read:
   (a) By at least 29 days before the primary, each county elections
official shall prepare separate sample ballots for each political
party and a separate sample nonpartisan ballot, placing thereon in
each case in the order provided in Chapter 2 (commencing with Section
13100) and under the appropriate title of each office, the names of
all candidates for whom nominations papers have been duly filed with
him or her or have been certified to him or her by the Secretary of
State to be voted for in his or her county at the primary elections.

   (b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law.  The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
   (c) One sample ballot of the party to which the voter belongs, as
evidenced by his or her registration, shall be mailed to each voter
entitled to vote at the primary who registered at least 29 days prior
to the election not more than 40 nor less than 10 days before the
elections.  A nonpartisan sample ballot shall be so mailed to each
voter who is not registered as intending to affiliate with any of the
parties participating in the primary elections.
  SEC. 11.5.  Section 13300 is added to the Elections Code, to read:

   (a) By at least 29 days before the primary, each county elections
official shall prepare separate sample ballots for each political
party and a separate sample nonpartisan ballot, placing thereon in
each case in the order provided in Chapter 2 (commencing with Section
13100), and under the appropriate title of each office, the names of
all candidates for whom nomination papers have been duly filed with
him or her or have been certified to him or her by the Secretary of
State to be voted for in his or her county at the primary election.
   (b) The sample ballot shall be identical to the official ballots,
except as otherwise provided by law.  The sample ballots shall be
printed on paper of a different texture from the paper to be used for
the official ballot.
   (c) One sample ballot of the party to which the voter belongs, as
evidenced by his or her registration, shall be mailed to each voter
entitled to vote at the primary who registered at least 29 days prior
to the election not more than 40 nor less than 10 days before the
election.  A nonpartisan sample ballot shall be so mailed to each
voter who is not registered as intending to affiliate with any of the
parties participating in the primary election, provided that on
election day any such person may, upon request, vote the ballot of a
political party if authorized by the party's rules, duly noticed to
the Secretary of State.
  SEC. 12.  Section 13303 of the Elections Code is amended to read:
   13303.  (a) For each election, each appropriate elections official
shall cause to be printed, on plain white paper or tinted paper,
without watermark, at least as many copies of the form of ballot
provided for use in each voting precinct as there are voters in the
precinct.  These copies shall be designated "sample ballot" upon
their face and shall be identical to the official ballots used in the
election, except as otherwise provided by law.  A sample ballot
shall be mailed, postage prepaid, not more than 40 nor less than 21
days before the election to each voter who is registered at least 29
days prior to the election.
   (b) The elections official shall send notice of the polling place
to each voter with the sample ballot.  Only official matter shall be
sent out with the sample ballot as provided by law.
   (c) The elections official shall send notice of the polling place
to each voter who registered after the 29th day prior to the election
and is eligible to participate in the election.  The notice shall
also include information as to where the voter can obtain a sample
ballot and a ballot pamphlet prior to the election, a statement
indicating that those documents will be available at the polling
place at the time of the election, and the address of the Secretary
of State's website and, if applicable, of the county website where a
sample ballot may be viewed.
  SEC. 13.  Section 13306 of the Elections Code is amended to read:
   13306.  Notwithstanding Sections 13300, 13301, 13303, and 13307,
sample ballots and candidates' statements need not be mailed to
voters who registered after the 54th day before an election, but all
of these voters shall receive polling place notices and state ballot
pamphlets.  A state ballot pamphlet is not required to be mailed to a
voter who registered after the 29th day prior to an election.  Each
of these voters shall receive a notice in bold print that states:
"Because you are a late registrant, you are not receiving a sample
ballot or candidates' statements."
  SEC. 14.  Section 11.5 of this bill incorporates provisions in
Section 13300 of the Elections Code, as proposed to be added by both
this bill and Senate Bill 28.  It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2001, (2) each bill adds Section 13300 to the Elections Code, and (3)
this bill is enacted after SB 28, in which case Section 11 of this
bill shall not become operative.
  SEC. 15.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
this act affirms for the state that which has been declared existing
law by action of the courts, within the meaning of Section 17556 of
the Government Code.
